Smt Shanti v. Municipal Corporation Ofdelhi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13196/2025, CM APPL. 54095/2025 & CM APPL. 54096/2025 SMT SHANTI .....Petitioner Through:

Ms. Kavita Krishnia, Ms. Chanchala Sharma, Advocates (M:8766235144) Email:kavitakrishnia4@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through:

Ms. Ankita Sarangi, Advocate for MCD Mr. Abhishek Aggarwal, Advocate for R-2 and 3 along with R-2 in person (M:9811114489)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 29.08.2025

O R D E R

1.

The present writ petition has been filed seeking directions to the respondent no. 1, i.e., Municipal Corporation of Delhi ("MCD") to consider the petitioner's compounding application dated 15th July, 2025.

2.

Learned counsel for the petitioner submits that a suit for permanent injunction has been filed qua the basement and stilt portion of the property in question, however, the petitioner occupies the ground floor of the property in question, i.e., property No. 2486, Khasra No. 416, Gali No. 12, Bihari Colony, Shahdara, Delhi-110032.

3.

It is thus, submitted that the petitioner has no concern with the other floors or with any dispute with respect to the other floors of the property in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

question.

4.

Thus, it is submitted that the petitioner, being the owner of the ground floor of the aforesaid property, intends to get her portion of the property regularized.

5.

Learned counsel for the petitioner further submits that the petitioner undertakes to abide by any directions issued by the MCD, including, demolition of non-compoundable deviation/excess coverage, wherever it is so pointed out by the MCD.

6.

Per contra, learned counsel for the respondent-MCD submits that the petitioner has filed various representations for regularization before the MCD, which have been considered. Further, she submits that the latest representation of the petitioner dated 15th July, 2025 was also considered.

th July, 2025 of the 7.

She submits that the representation dated 15 petitioner has already been dismissed vide letter dated 19th August, 2025, thereby, directing the petitioner to apply for regularization in a proper format.

8.

She further submits that the petitioner however, has never applied to the MCD for regularization in any proper format except representations, which cannot be considered to be a proper application, as required by the MCD for regularization.

9.

At this stage, learned counsel for the petitioner submits that she is ready to file an application for regularization in a proper format, as per the requirement of the MCD, along with the requisite documents. 10.

She further submits that the petitioner may be guided by the MCD in this regard.

11.

Considering the submissions made before this Court, it is directed that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner or her authorized representative shall visit the office of the Executive Engineer, Building Department, Shahdara (South) Zone, on 02nd September, 2025, Tuesday at 11:00 AM.

12.

Upon the petitioner/her authorized representative visiting the office of the MCD, she shall be provided with the details of requirement for filing application for regularization in a proper format, including, the relevant documents.

13.

The petitioner shall file the requisite application for regularization in a proper format, as per the requirement of the MCD, within a period of two weeks from today.

14.

Upon the petitioner applying for the regularization, within a period of two weeks from today, application of the petitioner shall be considered by the MCD, expeditiously, and a Speaking Order shall be passed thereto. 15.

In case, the petitioner files the application for regularization as per requirement of the MCD within a period of two weeks from today, it is directed that no coercive action shall be taken against the property of the petitioner during the pendency of the regularization application before the MCD.

16.

It is directed that the petitioner shall comply with all the directions of the MCD and remove any excess coverage area or non-compoundable deviations, as pointed out by the MCD.

17.

In case, the MCD is satisfied that the non-compoundable/excess coverage has been removed by the petitioner, the MCD shall proceed to pass appropriate orders for regularization of the property of the petitioner. 18.

In case, the petitioner is aggrieved by any Speaking Order passed by the MCD, the petitioner shall be at liberty to seek remedies in accordance The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

with law.

19.

Accordingly, with the aforesaid directions, the present writ petition, along with pending applications, is disposed of. MINI PUSHKARNA, J AUGUST 29, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.